FORUM ON THE PARTICIPATION OF NGOs IN THE
77th ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS.

 SUB REGIONAL UPDATE ON THE STATUS OF DEMOCRACY, RULE OF LAW, AND HUMAN RIGHTS (EAST AND HORN OF AFRICA)

In recent months, the East and Horn of Africa region continues to witness a relentless assault on democratic principles and human rights, including constraints on civic space, and ongoing conflict and violence in Ethiopia, Somalia, South Sudan, and Sudan. According to CIVICUS, the majority of countries in the East and Horn of Africa were classified as repressed (Burundi, Ethiopia, Somalia, South Sudan, Sudan, Tanzania and Uganda)  one as obstructed  (Kenya) and two as closed (Djibouti and Eritrea). The ratings are based on the state of civic space focusing on the realization of the rights to freedom of association, peaceful assembly, and expression. Countries are categorized as either open, narrowed, obstructed, repressed, and closed- that respective order.

The sub-region also witnessed widespread harassment, intimidation, and attacks on human rights defenders (HRDs). Exercising civil liberties of the rights to free expression, association and peaceful assembly is challenging, more so for minority and vulnerable populations. Additionally, laws are selectively applied against those with critical and dissenting opinions. During the reporting period, HRDs working on sexual orientation and gender identity and expression (SOGIE) were repeatedly attacked in Burundi, Kenya, and Uganda. Additionally, environmental HRDs faced acute risks in Tanzania and Uganda.

Attacks on democracy stand as a foundational issue that underpins political, social, and economic challenges across the East and Horn of Africa. The trend of extending presidential term limits to enable serving presidents continue their political reign sets the stage for political crises and abuse of the rule of law. For instance, in Rwanda, the President’s confirmation of his candidacy for a fourth term in the upcoming presidential election raises concerns about the consolidation of power and a lack of political pluralism in the country.

The recurring theme of law enforcement resorting to excessive force to quell protests has been evident forexample in Kenya. During protests in Kenya, the police employed disproportionate and violent tactics to disperse demonstrators, tragically resulting in the loss of lives, arbitrary arrests including those of 300 individuals, among whom were prominent opposition figures. Additionally, the climate of fear and repression leading up to elections in countries like Somaliland  and Tanzania stifles the democratic process. Furthermore, ongoing repression and censorship of critical and dissenting opinions continue to cause constant threat on democracy across the region.

Media freedom continues to be under attack for reporting on critical issues and giving a platform to dissenting opinions. Djibouti and Eritrea remain the worst violators of press freedom according to leading press indices. Additionally attacks continue to be extended online with websites and social media platforms often blocked and online activism closely monitored.

These issues represent critical societal transformation challenges hence need for urgent structural reforms and  collective effort involving intergovernmental  institutions to to facilitate a peaceful democratic transition. Urgent, collective action is needed to safeguard HRDs, uphold democratic principles, and protect human rights. We call on governments in the region to honor international commitments, while regional, international institutions and civil society organisations play crucial roles in holding governments accountable and promoting a more just and democratic future.

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Recommendations to the African Commission on Human and Peoples’ Rights

• Urges all member States to ensure the protection of HRDs by observing the African Charter on Human and Peoples’ Rights and the United Nations Declaration on Human Rights Defenders.
• Urge member States to cease the harassment and arbitrary detention of HRDs, including those working on politically sensitive topics such as environmental rights, governance, and human rights, women’s rights, and minorities, including the sexual minorities community
• Call on governments to cooperate, with African and international human rights mechanisms, including those established by the African Commission and the United Nations, to effectively investigate human rights violations, and to hold those responsible accountable.
• Urge governments to implement resolutions and decisions of the African on Human and Peoples’ Rights.
• Call on the Federal Government of Ethiopia through independent and impartial bodies to investigate allegations of human rights violations thoroughly and effectively.
• Call on the Eritrea and Uganda government to implement recommendations provided during their state review.
• Adopt a resolution condemning ongoing human rights violations committed by Eritrean authorities, both at home and abroad in the context of the war in Tigray, and urging the government of Eritrea to address outstanding issues, including those highlighted in the Commission’s Resolutions on the Human Rights Situation in Eritrea (ACHPR/Res.91(XXXVIII)05) and on the General Human Rights Situation in Africa (ACHPR/Res.207(L)2011).
• Adopt a resolution on the human rights situation in Burundi, including the situation of human rights defenders and civil society, and that calls upon the government to extend an invitation to the Commission to undertake a general human rights promotion mission in Burundi.
• Call on Tanzania to implement the African Court on Human and Peoples’ Rights ruling to amend its National Elections Act and Criminal Procedure Act.

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 Honourable Chairperson,  

 Honourable Commissioners,  

Distinguished State delegates,  

Ladies and gentlemen,

DefendDefenders welcomes the opportunity to draw the commission’s attention to the Business climate in Africa and its implications for the realization of human rights for all.

Honorable Chairperson,

It is fitting that the African union and indeed this commission’s theme for this year is Accelerating the Implementation of the African Continental Free Trade Area (AFTA). The importance of increased Intra-African trade cannot be overstated. Today, An estimated 34% of African households live below the international poverty line, in part thanks to fragmented markets, non-tarrif barriers  and  prohibitive costs of movement of people and goods within the continent, all of which serve to frustrate trade, impair economic growth and prosperity, and entrench poverty.     

Intra-Africa trade currently stands at a paltry 14.4%. A successful implementation of AFTA is forecast to boost this by nearly 34%, which would boost continental economic growth, roll back poverty, cut inequality and foster inclusive development in line with the AU’s Agenda 2063. Member states that have yet to ratify the AFTA agreement must therefore be urged to do so, both as a matter of urgency and of necessity, to allow the agreement to come into continent-wide effect.    

Yet, Hon. Chairperson, even as we set our sights on the transformative potential of AFTA, we must remember to ensure that business practices under the treaty remain just, humane, and sensitive to both local communities and the environment. This is especially so for the extractives sector, which has for many years been the source of economic boom but also of conflict and socio and political instability on the continent.

Hon Chairperson, as this Commission’s Working Group on Extractive Industries, Environment and Human Rights pointed out in its report last year, there remains a big human rights protection vacuum in the regulatory frameworks governing the extractive sector across the continent, which continues to enable the perpetration of violations, the disregard of the human and peoples’ rights and the destruction of the environment by business actors in the sector.

In DRC’s mineral-rich eastern region of Goma for example, the competition for mineral resources has attracted several competing interest groups, all of which have rented the services of various militia groups to defend their plunder of the area. Unencumbered by international law or functioning local authority, these groups continue to plunder the region with impunity, provoking widespread insecurity in the region, and committing grave human rights violations including rape and sexual violence against Women human rights defenders that dare to challenge their impunity and hold them accountable.

In Mozambique, the conflict in Cabo Delgado province that has killed and displaced thousands and evolved into an Islamist insurgency was fueled by years of socio-economic marginalization, exclusion and displacement of the local communities to pave way for the extraction of massive gas deposits discovered in Cabo Delgado. Although the insurgency has been largely contained in the Northern part of the country, massive human rights violations including forced relocation and displacement of people by the Gas investors working in concert with state actors and sometimes, death at the hands of the Islamist militants.

Here in Tanzania, the government continues to use high-handed methods including excessive use of force, arbitrary arrests and detentions, and forced evictions of members of the Maasai Indigenous community in Loliondo district, part of the Ngorongoro Conservation Area earmarked for gazetting into a luxury safari park. As recent as August, 39 Masaai leaders and a Member of Parliament were arrested following a community meeting they convened with a cross section of the Masaai community to address what they believed to be the government’s use of the media to achieve its aim of persuading them to leave the Ngorongoro Conservation Area.  

DefendDefenders condemns the gross rights violations in all the above cases and more, and calls upon African governments to respect the rights of indigenous communities, offer due compensation in case of consensual relocation, and protect local communities in these economic activity-areas against exploitation and abuse by both business actors and elements of insecurity that tend to fester as a result of unresolved grievances.      

Honourable Chairperson,

Honourable Commissioner,

Distinguished State Delegates,

Ladies and Gentlemen,

In this statement, African Defenders and DefendDefenders highlight the challenges that persons with disabilities (PWDs) face, including human rights defenders (HRDs).

As we celebrate the 75th anniversary of the Universal Declaration of Human Rights and 25 years of the UN Declaration on Human Rights Defenders, we must ensure that this progress is inclusive and accessible to all, including PWDs. It is our duty to recognize the obstacles and injustices that PWDs, including HRDs with disabilities, face across the African continent.

PWDs, including HRDs with disabilities, often encounter disproportionate barriers to accessing education, healthcare, employment, and participating in public life. These barriers severely hinder their capacity to enjoy their human rights and contribute to the advancement of their communities. Despite the essential voices of Defenders with disabilities in the ongoing struggle for equality and justice, they are frequently exposed to discrimination, exclusion, and violence.

In conflict and other humanitarian crises, PWDs especially HRDs with disabilities are disproportionately affected and face elevated risks of violence. PWDs in Ethiopia, Somalia, and Sudan struggle to find safe locations during attacks. Moreover, evacuations organized by governments or non-governmental organizations often rely on transportation that is not physically accessible, and information about evacuation routes is not always conveyed in accessible ways. The lack of data about PWDs, particularly data that is disaggregated by age, gender, and type of disability, hampers the ability of governments and humanitarian actors to protect their rights and include them in humanitarian and evacuation responses.

It is not acceptable that PWDs are left behind in our journey toward a more equitable, prosperous, and united continent. We urge all African states to sign and ratify the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa. In our pursuit of the Africa we want, we must promptly address these issues.

We call on the African Commission to work closely with member states to develop and implement policies that remove barriers for PWDs. This includes establishing accessibility standards in infrastructure, education, and healthcare, as well as anti-discrimination measures.

We encourage the African Commission to collaborate with civil society organizations and PWDs themselves to ensure that their voices are heard and their rights are respected.

Honourable Chairperson,

Distinguished Commissioners,

State delegates,

Representatives of national human rights institutions and non-governmental organisations,

We welcome the oppor­tu­nity to highlight issues pertaining to freedom of opinion and expres­sion in Africa. The right to freedom of expression and access to information is the cornerstone of any healthy democracy; yet it is one of the most res­tricted rights on the continent.

The current picture is grim, in all sub-regions of Africa. In the Horn of Africa, Djibouti and Eritrea continue to seve­rely restrict any expres­sion of dissent, rendering civic space virtually non-existent. In addition to the review of Eritrea’s State Party report, we urge the Commission to adopt a resolution on Eritrea at this session.

In Egypt, the spate of arrests and arbitrary detention of media figures, dissidents and/or their family members ahead of the upcoming presidential election is indicative of the ongoing crack­down on basic freedoms and liberties. Human rights defenders, journalists, and blog­gers conti­nue to have a choice between silence, prison, or exile.

In Algeria, repression is unrelenting, in particular of citizens who support the pro-democracy Hirak movement and independent voices. Journalists Ihsan El Kadi and Mustapha Bendjama and analyst Raouf Farrah were all imprisoned on dubious charges of “receiving foreign funds to commit public order offences.” Hundreds of protesters have also been jailed for peacefully demanding change. The political cost of repression should now be raised for the autho­rities.

In Eswatini, no independent investigation has been conducted into the January 2023 killing of Advo­cate and lawyer Thu­lani Maseko. His only sin was advocating for a constitutional reform to end the absolute Monarchy and achieve tran­si­tion from subjects to citizens for the people of Swaziland. The ongoing impunity gives creden­ce to alle­gations of state involvement in this cowardly murder.

In Cameroon, in a context marked by multiple security and political crises, we condemn the abduction and murder of journalists, including Martinez Zogo, Jean-Jacques Ola Bebe, and Anye Nde Nsoh, and the lack of accountability to date. Many journalists continue to be haras­sed, for instance by being summoned for questioning (as for Xavier Messe, Jean Bruno Tagne, and Jean François Channon) or arrested (as for Flash Ndiomo and Bertrand Ayissi Ndzomo). According to the Committee to Protect Journalists, the authorities’ use of anti-terro­rism, “false news,” and defamation legislation to detain journalists, including in lengthy pre-trial detention, has made Cameroon the second worst jailer of journalists in sub-Saharan Africa after Eritrea.

In the Sahel and West Africa, restrictions on free expression multiply. While we condemn military coups, which are never an adequate answer to people’s frustrations and grievances, we stress that civic space, including people’s right to criticise their leaders, is key to building fairer societies in which governments are accountable and can change pea­ce­fully. Uncons­ti­tu­tional changes will lead, we fear, to further violations as we see that in Burkina Faso, Guinea, Mali, and Niger, a trilogy of repression (targeting of jour­nalists, res­tric­tions on civic space, and post­po­nement of elections) is being deployed to prevent expres­sion of dis­sent. We urge transitional authorities to release those detained for peacefully expressing their views, stop using vague pro­visions on “defamation,” “national security” or “treason” to crack down on dissent, and lift bans and suspensions on media outlets.

The situation is also concerning in one of the traditionally vibrant democracies of West Africa, Senegal. We urge authorities to investigate deaths of protesters, stop harassing journalists, inc­lu­ding Papé Alé Nian, and uphold citizens’ right to assem­ble peacefully, inclu­ding in support of oppo­sition groups like PASTEF. Authorities should desist from using vague provisions on “stopping the dissemination of hate [or subversive messages]” to restrict speech online and offline.

Elsewhere, freedom of opinion and expression is under pressure. Suggestions to ban VPNs, for instance in Tan­zania, set a dangerous tone for political debate, in a context that is already mar­ked by internet shutdowns and undue restrictions on information. The African Union Decla­ration of Principles of Freedom of Expression and Access to Information in Africa requires internet-based restri­c­tions to be stric­tly necessary and proportionate.

All governments should scrupulously observe the principle behind African and international stan­dards: freedom must be the rule and restrictions, the exception.

Thank you for your kind attention.

Honourable Chairperson,  

Honourable Commissioners,  

Distinguished State delegates,  

Ladies and gentlemen,

I stand before you today to address the ongoing challenges faced by human rights defenders (HRDs) across the continent. DefendDefenders welcomes the report of the Special Rapporteur on Human Rights Defenders, which sheds light on the alarming situation confronting HRDs. The report underscores the pervasive threats, violence, and reprisals that HRDs endure while carrying out their crucial work. DefendDefenders itself has documented 200 cases of violations against HRDs since January 2023.

The statistics paint a grim picture. Countless HRDs have been killed, silenced, or forced into exile, adding to the already staggering number of HRDs who have yet to receive justice and accountability. This raises a haunting question: If HRDs continue to be wiped out, who will be left to stand up for human rights, justice, and accountability?

Year after year, ambiguous laws are consistently used to crack down on HRDs in countries like Algeria, Egypt, and Libya. For instance, in Algeria, Article 87 bis of the penal code is employed to prosecute peaceful activists, effectively criminalizing human rights advocacy. Egypt’s Cybercrime Law, passed in 2018 and amended in 2023, restricts online freedom of expression and targets HRDs and activists. Libya’s Law on Combating Terrorism, from 2014, has broad provisions that are misused to suppress dissent and target HRDs. This misuse of laws to stifle those who speak out against injustice is a widespread issue. Moreover, proposed legislation in Zambia and Mozambique poses threats to civil society organizations. While certain laws, such as anti-terrorism legislation, may be necessary, it is crucial to repeal ambiguous clauses that hinder the work of HRDs and civil society organizations.

While we applaud the development of the CSO HRD law in Tanzania, we urge the state to expedite its tabling and ensure its effective implementation. This law has the potential to provide much-needed protection for HRDs, but only if it is translated into concrete action.

Honorable Chairperson

HRDs are often misperceived as enemies of the state, but they are not. They are working towards the same goal: to create the Africa we want! HRDs and the state can and should work together to ensure that democratic principles are upheld and socio-economic development, which each state present here is working towards, can be achieved.

Freedom of assembly is a fundamental right, yet it is frequently curtailed, hindering HRDs’ ability to express themselves and advocate for change. Assemblies serve as vital platforms for dialogue and engagement, but the use of surveillance and excessive force during assemblies undermines these democratic spaces. The police brutality witnessed during protests in the Sahel, Senegal, and Kenya, just to mention a few countries, further exacerbates the situation.

To all stakeholders present in this plenary, the time has come to evaluate the effectiveness of our institutions in safeguarding the rights of HRDs. We must strengthen our mechanisms to protect HRDs, ensure accountability for violations, and foster an enabling environment where HRDs can operate freely and without fear.

I commend the efforts of the Special Rapporteur on HRDs in addressing the plight of HRDs and urge state parties to have the political will to ensure his mandate is successful.

In conclusion, we urge the African Commission on Human and Peoples’ Rights to take decisive action to address the plight of HRDs, including calling for independent investigations into the killings of HRDs on the continent. Their safety and well-being are paramount to the advancement of human rights and the realization of a just and equitable society. Thank you.